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(영문) 수원지방법원 성남지원 2017.05.17 2017고단482
공무집행방해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 4, 2017, around 20:40, the Defendant was in dispute with D and taxi rate, which is a C taxi engineer, in front of the Sinnam-si, Sungnam-si, and assaulted by the Defendant, on his hand, at the top of the 112-report, the Defendant sent to the scene and solicits him to return home.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by F, who is a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The Defendant asserts that he was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

However, according to the records of this case, although the defendant is deemed to have considerable drinking at the time, in light of the circumstances and contents of the crime of this case, the defendant's speech and behavior before and after the crime of this case, it does not seem that the defendant did not have the ability or decision making ability to discern things due to drinking at the time.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine (including the absence of previous convictions for the same offense, the degree of dynamic crimes committed while in the same offense, and the relatively insignificant exercise of violence, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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